ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | A Nail Technician | A Health Company |
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027228-001 | ||
CA-00027228-002 | ||
CA-00027228-003 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Summary of Complainant’s Case:
CA 27228 -001 The complainant states that she is due 15 hours holiday pay. She accrued 30.2 hours. She took 15.2 hours leaving 15 hours due to her. CA 27228-002 The complainant states that she was not paid her minimum notice entitlement. CA 27228 – 003 The respondent has conceded the claim. |
Summary of Respondent’s Case:
CA 27228-001 The complainant worked 548.9 hours in total. She was paid for 14.05 hours for two bank holidays, totalling 562.04 hours. Her average pay was €15.00 per hour. Her total gross pay was € 8,444.25. The complainant was paid €833.79 holiday pay. That figure divided by 15 is 55.58 hours. The respondent pays 9.6% holiday pay. That equates to 5 weeks holidays per annum. 9.6% of 548.9 is 55.58 hours. The complaint is not well founded and should be dismissed. CA 27228-002 The respondent states that the matter is Res Judicata. The matter was heard by the WRC in ADJ 19362. Therein the finding was that the complainant was not dismissed. Therefore, she is not entitled to a minimum notice payment. CA 27228-003 The respondent concedes the claim. |
Findings and Conclusions:
CA 7228-001 Based on the comprehensive evidence of the respondent and the documentation submitted, I find that the claim is not well founded and accordingly fails. CA 27228 -002 In a previous recommendation made in case number ADJ 19362 the adjudicator found that the complainant was not dismissed from her employment. On that basis the complainant is not entitled to a minimum notice payment. The complaint fails. CA 27228-003 The respondent has conceded the claim. Therefore, I award the complainant € 11.20. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA 7228-001. The complaint fails Ca 7228-002. The complaint fails CA 7228-003. The complaint is well founded. I award the complainant € 11.20 |
Dated: 12th June 2019
Workplace Relations Commission Adjudication Officer: